Where does my family have to live?

I''m interested in immigrating to the United States through the EB-5 program. When I come to the United States for the first time, is there a specific city or place I have to come to first? Where can my family and I live while we''re going through the EB-5 process?

Answers

Upon arrival, you can choose to make any state your primary residence; you are not obligated to reside in the state you are investing in. Unless you have status to reside in the United States pending your approval, you will need to reside in your home country or country residence pending your application.

If you are currently living outside of the United States, it may be best to remain there as the I-526 is processed, and then obtain your conditional green cards at the U.S. consulate in your country. If you are in the U.S. based on a valid non-immigrant status (like an E-2), you can remain where you are and apply for adjustment of status with USCIS. You do not have to live in the same location as your investment.

This depends on whether you are investing in a regional center, wherein you can live anywhere, or in your own project, wherein you need to live where you can develop and direct the project. There is no right to live in the United States until you actually have your permanent residency approved, unless you have another visa allowing you to remain here.

Once you enter the United States after obtaining the conditional green card through EB-5, you are free to live and work anywhere you wish, unless your EB-5 is by investing into a company that you wish to run/operate yourself. The nice thing about EB-5 through regional center projects is that you do not have to be involved in day-to-day management of the business, so you could live anywhere, not just where the project or business is located.

Where you live is not a factor for the EB-5 immigrant investor processing; however, the location of the commercial enterprise that you will be investing your money in is an issue only if are seeking to invest in a business that is located in a Targeted Employment Area (TEA) in order to qualify for the $500,000 minimum investment (instead of the $1 million).

If you make your EB-5 investment through a regional center project, it''s considered to be a passive investment. The great thing about that is, if approved, you may live and work anywhere in the United States. U.S. permanent residents are not restricted as to where they may live. If you choose to make a direct EB-5 investment, you would need to be actively participating in the company. Therefore, you would need to be located in whatever city/state your company is established.

Unless you are filing an EB-5 application through a direct EB-5 deal (i.e., not through a regional center or pooled direct EB-5 deal), and will therefore be actively managing the EB-5 business (described in your I-526 application) in a particular geographic area, you will not be restricted to a particular city. You could, therefore, live anywhere in the United States.

If you apply to immigrate to the United States on the EB-5 program, there is no restriction on where you must live. You may live wherever you choose in the United States. If you apply through the EB-5 Regional Center program, you do NOT have to live near the EB-5 project that you invest in. If you apply through the EB-5 direct investment approach, you likely will have to live wherever you choose to operate your business, since you must be responsible for its day-to-day management.

You and your family members cannot enter and stay in the United States while your EB-5 is being processed with valid visas. Based on your facts, the only way you can enter is if your family members enter with valid non-immigrant visas. There is no specific city or place you need to come to first. With regards to where you live in the country after you secure your EB-5 visa, it all depend on the type of EB-5 program you choose to invest. If you make a direct investment, which requires that you have to manage the business you are investing in, then chances are you will have to live where the business enterprise is located. However, if you invest in a regional center (RC), which does not require you to directly manage anything, you can live practically anywhere in the country. As to the rest of your family members, they are free to live anywhere in the country, but their choice may be dictated in large part by your investment decision. Consult an EB-5 immigration attorney to discuss your choices, and our office can offer free complimentary review of your plan(s).

There is no requirement as to where you must live. Keep in mind, however, that an EB-5 investor must be involved, to some degree, in the management of the new commercial enterprise (NCE). If you are a limited partner, board member or have another role in the company that advises on policy, that is fine; you can live anywhere in the United States. If your business plan and EB-5 petition package indicate that you are involved in the day-to-day operational management of the NCE, say as the manager of a restaurant in a direct EB-5 case, for example, then it would make sense only if you lived within commuting distance to the NCE. For a regional center-type EB-5 investment, most investors are limited partners, so they can live anywhere.

If you are planning to immigrate through the EB-5 Regional Center program, you are free to live in any place you wish in the entire United States. You are not limited at all, and do not have to be in the same area as the regional center.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.